TBA Law Blog


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Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

The father of a woman who died during last month's severe wildfires in Hawaii has sued the state and the county of Maui for gross negligence. Reuters reports that the lawsuit, filed Monday, also names a major landowner and the state's electric utility. The suit claims that Hawaiian Electric failed to de-energize its electrical equipment during hurricane-force winds, sparking the fires. In addition, the suit sites Bishop Estate for failing to reduce wildfire risk by regularly clearing dry vegetation in the area. Hawaiian Electric is also facing litigation from investors who allege they suffered significant losses due to the company's failure to adhere to wildfire prevention and safety protocols.

Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

The Texas Senate today opened its impeachment trial of Attorney General Ken Paxton by voting to reject several motions to dismiss the charges. Reuters reports that senators voted 24-6 against dismissing all changes as well as additional motions to throw out individual charges. Paxton has been suspended since the Texas House of Representatives voted in May to impeach him on mulitiple counts of corruption including aiding a political donor and persecuting whistleblowers from his office who accused him of wrongdoing. The trial is expected to last several weeks. Both chambers of the legislature are controlled by Republicans.

Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

The U.S. government has won a court injunction blocking the sale of after-market triggers that allow gun owners to convert AR-15 style rifles into weapons that can shoot as fast as machine guns, reports Reuters. U.S. District Judge Nina Morrison ruled the Department of Justice was likely to prove that the "forced-reset triggers" sold by Rare Breed Triggers LLC and its owners were illegal machine guns under federal law. Rifles equipped with Rare Breed's FRT-15 triggers are capable of firing 700 rounds a minute, faster than military-grade M-16 machine guns. In a 129-page decision, Morrison said the defendants defrauded customers by claiming the triggers were "absolutely" legal, despite having failed to win Bureau of Alcohol, Tobacco, Firearms and Explosives approval for their sale.

Posted by: Paul Burch on Sep 5, 2023
News Type: Legal News

A panel of three federal judges ruled today that Alabama's Republican-drawn congressional map illegally dilutes the voting power of Black residents and ignored a court order to adhere to the Voting Rights Act, reports Reuters. The ruling is the second time the court has thrown out a congressional plan enacted by the Republican-controlled Alabama state legislature. A court-appointed special master and cartographer will oversee a new map ahead of next year's election. The judges noted in their ruling they were "deeply troubled that the State enacted a map that the State readily admits does not provide the remedy we said federal law requires." More than one-quarter of Alabama's residents are Black. At a special session in July, Alabama lawmakers declined to create a second majority-Black congressional district. In related news, on Saturday, the Hill reported that a Florida judge ruled that a congressional map authorized by Gov. Ron DeSantis violated the state constitution’s Fair Districts Amendment by "dismantling a congressional district that enabled Black voters to elect their candidates of choice under the previous plan.”

Posted by: Liz Slagle Todaro on Sep 1, 2023
News Type: Legal News

The annual Access to Justice Awards were presented to six outstanding legal community leaders as part of Equal Justice University in Murfreesboro. The awards recognized Supreme Court Justice Sharon Lee, Judge Suzanne Bauknight, Chancellor Ellen Hobbs Lyle, Allison Jones, Elizabeth Leiserson and Julie Yriat. Retiring Justice Lee received the Lifetime Achievement Award in recognition of her exceptional contributions to the civil justice system. U.S. Bankruptcy Judge Bauknight received the Janice M. Holder Access to Justice Award in recognition of her role in creating the statewide virtual debt relief clinic model. Chancellor Lyle and Legal Aid Society of Middle Tennessee & the Cumberlands (LAS) attorney Jones were both recognized with the B. Riney Green Access to Justice Award for their work in promoting successful inter-program cooperation across the state. Finally, LAS attorney Leiserson and Yriat, legal director at the Nashville Hispanic Bar Association, were recognized as New Advocates of the Year, both working with the Eviction Right to Counsel Project in Davidson County. Read more about the annual ATJ Awards on the Tennessee Alliance for Legal Services website. The conference wrapped up today with a keynote address by Legal Services Corporation President Ron Flagg, who noted LSC's priority focus on innovation and technology to support legal services and better leverage pro bono initiatives. See photos from today's event.

Posted by: Julia Wilburn on Sep 1, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti joined 15 other state attorneys general in urging the U.S. Securities and Exchange Commission (SEC) to require any foreign-owned company to certify via an independent process that it is compliant with Section 307 of the Tariff Act of 1930, which prohibits the import of any product manufactured wholly or in part by forced labor as a condition of being listed on a U.S. based securities exchange. The attorneys general question the business practices and reports of alleged forced labor of the Chinese fast-fashion retailer SHEIN, which is potentially launching an initial public offering (IPO) later this year.

Posted by: Julia Wilburn on Sep 1, 2023
News Type: Legal News

United States Attorney Kevin G. Ritz yesterday traveled to Dyer County in the 29th Judicial District of West Tennessee to host a series of roundtable discussions with law enforcement, local prosecutors and community stakeholders. Roundtable participants had an open dialogue with the U.S. Attorney, addressing their issues and concerns and learning more about the department’s priorities, which include addressing gun violence.

Posted by: Julia Wilburn on Sep 1, 2023
News Type: Legal News

The Hamilton County Concurrent Grand Jury for May-August provided high praise for the court system and strongly recommended the establishment of a veterans' court, noting that both the Trump and Biden administrations have funded mental health and drug court programs, which Gov. Lee also supports. The grand jury heard and deliberated on 192 cases, returning 162 indictments. It also received detailed information about various crimes, the challenges faced by law enforcement officers, and various programs aimed at addressing issues such as mental health and drug-related crimes. Additionally, the group recommended increased resources for drug enforcement training and better facilities and technology. The Chattanoogan has the grand jury’s full report.

Posted by: Julia Wilburn on Sep 1, 2023
News Type: Legal News

The Hamilton County Commission has approved payment of additional legal bills, bringing the total cost of the Weston Wamp-Rheubin Taylor lawsuit to approximately $290,000. Both parties have decided to drop the case in Chancery Court and plan to work amicably together in the future, with County Mayor Wamp expressing a desire to move past the legal dispute and focus on the county's important work. The Chattanoogan has the breakdown of the total costs.

Posted by: Julia Wilburn on Sep 1, 2023
News Type: Legal News

Vanderbilt University Medical Center (VUMC) has revealed that it did not turn over all of the patient records requested by the Tennessee Attorney General's office in a billing investigation. The Tennessean reports that initially, VUMC informed over 150 patients that their comprehensive health records had been provided to the attorney general's office, but it later confirmed that records for only 82 patients were actually provided. The investigation, described as a "run-of-the-mill" fraud investigation by Attorney General Jonathan Skrmetti, has raised privacy concerns and led to two patients suing the hospital, claiming distress and hostility toward transgender people in the state.


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